Vulnerable adult abuse is all too common, especially in nursing homes. Fight against elder abuse by partnering with an ABQ nursing home abuse attorney from Will Ferguson & Associates.
Making the decision to put a beloved family member in a nursing home is hard enough, but you do it because you believe they will be safe and well cared for. They should be safe in a place meant to protect and care for elderly adults who can’t care for themselves.
That’s why it’s shocking and revolting to learn that instead of receiving the protection your loved one deserved, they’ve been mistreated, neglected, or abused.
No one deserves to be put through that kind of treatment, and your loved one deserves justice for what’s happened to them. Working with an Albuquerque nursing home abuse lawyer can help you to hold those responsible to account for your family member’s abuse.
Types of Nursing Home Abuse
Nursing home abuse is defined as any type of abuse against an elderly individual who’s residing in a nursing home or care facility. There are many different types of abuse, and your loved one can experience more than one type.
One example of nursing home abuse is when an elderly adult is not being cared for properly. This type of abuse is known as neglect. You may see signs of neglect, such as unwashed appearance, bedsores, torn or dirty clothing, malnourishment, or frequent illness.
A few other types of nursing home abuses are listed below:
- Physical Elder Abuse – Punching, hitting, slapping, smacking, pushing, pinching, and scratching are all examples of physical abuse.
- Sexual Elder Abuse – Any sexual contact with a nursing home resident without their consent is considered sexual abuse. This includes sexual contact with those who can’t give consent.
- Financial Exploitation of the Elderly – This is using an elder’s diminished mental capacity to exploit their finances for personal gain.
- Emotional Elder Abuse – Yelling, blaming, belittling, or teasing an elderly adult is a form of abuse.
- Psychological Abuse of the Elderly – This form of abuse is often nonverbal and can include ignoring the elder, isolating them, or preventing them from engaging in activities they love.
Who Could Be Liable for an ABQ Nursing Home Abuse Case?
The person who perpetrated the abuse would obviously be liable for that abuse, but the nursing home facility can also be held liable in many circumstances. If it’s found that the nursing home was negligent in preventing such abuses from occurring, then you might be able to file your claim against the facility as well.
For example, if a staff member was responsible for abusing a resident and the nursing home knew about it but failed to act, or tried to cover up the abuse, you can sue the nursing home.
It’s important to hold those who’ve had a part in your family member’s abuse accountable—not only for justice, but also to prevent other innocent elderly adults from being harmed, too.
The following are a few of the parties who could be held liable for abuse:
- Staff members
- The facility itself
- Other residents
Suing Those Responsible for Nursing Home Abuse
So how do you hold accountable a person who has abused a vulnerable adult? In some cases the person might be criminally prosecuted, but you can also hold them liable in civil court. You can file a personal injury claim against the responsible party and receive monetary compensation for the abuse your loved one suffered.
The money can be used to pay for medical expenses, lost wages, mental trauma, physical therapy, mental health services, and other related costs. Your ABQ nursing home injury lawyer’s job is to gather evidence of abuse, put together a claim, prove fault, calculate damages, and obtain the settlement that you and your abused loved one deserve.
Additionally, if an insurance company doesn’t want to pay out on the claim, your attorney can take your case to court.
Reach Out to an ABQ Nursing Home Abuse Lawyer
When your loved one has been through abuse, you’re going to want justice for them. Fighting against nursing home abuse and neglect is the right thing to do, and you don’t have to do it alone. Working with an attorney will give your nursing home abuse case the best chance at success.
Don’t allow abuse to go unchecked. Work with an Albuquerque nursing home abuse lawyer on your claim today. To speak with an attorney for free during an initial case consultation, simply call Will Ferguson & Associates at 505-633-0750. You can also reach us through the consultation form below.